Legal Question in Real Estate Law in California
Tenant's Rights
A tenant's phone jack, the only one inside a rental
unit was broken unbeknownst to the tenant who
signed a six month lease. Nearly four months
later, after a telephone company service call, it
was verified that the jack on the inside was
broken, at this point the tenant was four months
into the lease and still without a working phone
jack. Refusing to pay for the repair the tenant
gave the landlord a 30 day notice to fix the phone
jack but the landlord responded ''30 days and your
out.'' To complicate the matter for the tenant who
had been receiving government aid of
$500.00/mo. to help pay the rent, not only was the
tenant given a 30 day notice but the tenant lost
also the financial assistance because the
landlord subsequently contacted the government
agency and reported the renter. What the landlord
reported to the agency exactly is not known? How
can it be that a tenant who first gives a 30 day fix it
notice to a landlord, from the landlord ends up
with a 30 day notice to get out?
1 Answer from Attorneys
Re: Tenant's Rights
To Tenant: The landlord is either an asshole, or there's more to the relationship than you've set forth. This appears to be a retaliatory eviction and when the summons and complaint (for Unlawful Detainer) are served to evict the tenant he/she has a valid defense. Civil Code Section 1942 provides a remedy to fix those things that are broke but necessary, and the tenant complied with the notice requirments of the code. The incident appears to be retaliatory eviction.
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